Concise Introduction to Principles of Islamic Jurisprudence Based on al-Waraqat By Imam al-Harmayn Al-Juwayni [Part 16]
Abrogation ‘an-naskh’ means eliminating and taking away.
It is also said that it means transferring, e.g. ‘I ‘naskhat’ ‘copied’ this book, i.e. transferred the information from the book.
Technically, abrogation is repealing a Shariah rule established by an earlier address by means of a subsequent address, provided the two rules be enacted separately from one another.
In other words, repealing a Shariah rule or its utterance by proof from the Quran or the Sunnah.
Technically, an abrogator is an address repealing a Shariah rule established by an earlier address by means of a subsequent address, in such a way that the value of the first address would remain valid if the second address, coming later, did not exist.
The repealing address is from the Quran or the Sunnah.
The one who abrogates is Allah.
Repealing the rule means changing it, e.g. making an obligatory rule permissible.
Conditions of Abrogation
1) The abrogated rule should be a practical Shariah rule, i.e. it is related to the acts of persons in full possession of their faculties, such as prayer and fasting.
2) The abrogating and the abrogated rules are confirmed by means of Shariah texts from the Quran or the Sunnah.
3) The abrogating rule should be revealed after the abrogated rule.
4) The abrogating and the abrogated rules should be different, e.g. one prohibits something and the other permits it, and vice versa.
No comments:
Post a Comment